How to judge the court of raising obligations to the child in 13 years?

Parents have no time to take care of their children and let their children live in relatives for many years. In life, this occasionally happens, some parents will pay for the support for relatives and friends regularly, while others will not be paid.

Children need a lot of expenses in the process of growth. Can those who are entrusted ask for their children's parents for compensation?

Recently, the Pakistan and Shuo County People's Court tried a dispute over the custody right. The child's aunt raised the child to ask his younger brother and his brother to ask for support for 13 years.

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Introduction to the case

Su Mou, who was born in April 2008, was a marriage child of Kamou and Mushroom. Kaom and Mushrooms divorced in 2008. They agreed to raise Su Mou, and mushrooms paid a certain amount of support for each month on schedule.

Ka Mou did not have a fixed job and made a living everywhere. Since September 2008, Camou has entrusted Su to take care of her sister Amou. During the period, Camou raised a small amount of support for Aou to the child's support. And educational obligation. After the divorce was divorced, he had been absent from Su Mou, and he had not fulfilled the obligation to raise.

Su Mou gradually grew up, and Amou felt that he had a little power. He thought that he had helped Camou and mushrooms to raise children for so many years. He should get corresponding compensation. He has repeatedly negotiated compensation with Kamou and mushrooms.

At the end of 2021, Amou sued his younger brother and his elder brother to the Heshuo County People's Court, and asked to decide to pay the support fee of 130,000 yuan for Su Moumou.

Court decision

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The court tried that parents had the obligation to support their children. The defendants and mushrooms had not been fully supported by Su Mou, and they should give compensation to Amou, who fulfilled the obligations. In addition, the judge also sought Su Mou's personal opinion, and Su said that he would continue to live with his aunt in the future.

Combined with the actual living level of the local area, comprehensively considering the increase in post -school education costs and the illness of the illness, and the ability of the defendant's economic burden, the court judged that Ka Mou and mushroom paid 130,000 yuan to A Moumou. Half, Su continued to live in Amou's family.

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Said the judge of the case

The guardian can entrust part or all of the supervision responsibilities to others, but the commissioned support only changes in the form of support, and the transfer or change of the rights and obligations between parents and children will not occur. Parents 'rights and obligations to raise, educate, and protect their children cannot be eliminated because of their parents' divorce.

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Law link

"People's Republic of China"

Article 27 The first parent is the guardian of minor children.

Article 1084, paragraph 1, and second, paragraphs, do not eliminate because of the divorce of the parents. After the divorce, whether the child is raised directly by the father or mother, it is still the children of both parents.

After the divorce, parents still have the right to raise, educate and protect their children.

"People's Republic of China Family Education Promotion Law"

Article 20 Parents of minors separate or divorce shall cooperate with each other to fulfill their family education responsibilities, and either party shall not refuse or care about performance; except for other provisions of the law, the other party shall not hinder the implementation of family education.

Article 21 Parents of minors or other guardians who entrust others in accordance with the law to take care of the minors on their behalf, and should keep in touch with the entrusted person and minor. The client fulfills the responsibility of family education.

Source: Bazhou He Shuo County People's Court

Edit: Li Ruiqi Ru Bana

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